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<br />200602706 <br /> <br />plTlniullls, if any, or any sums payable by Borrower to Lender in lieu of tbe payment of Mortgage <br />lnsuranee premiums in accordance with the provisions of Section 10. 'l'hese items are called "Escrow <br />Items." At origination or at any tinle during the term of the Loan, Lender may require tbat Community <br />Association Dues, [iees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Eserow Item. Borrower shall prornptly furnish to Lender all notices of amounts to <br />be paid under this Section. Borrower shall pay Lender (he [iunds for Escrow Itcms unless Lcndcr waivcs <br />Borrower's obligation to pay the Funds f(Jr any or all Escrow Itcms. Lcndcr may waive Borrower's <br />obligation to pay to Lender [iunds fix any or all Escrow Hems at any time. Any such waiver lIlay only bl.: <br />in writing. In thl.: I.:vl.:nt of such waiver, Borrower shall pay directly, whl.:n and where payable, the anlounts <br />dul.: for any Escrow Itellls j()r which payment of Funds has bel.:n waiVl.:d by Ll.:ndl.:f and, if Lender requires, <br />shall furnish to Lender lTel.:ipts evidencing such payment within such time period as Lend(;\" may require. <br />Borrowcr's obligation to lnake such payments and to provide receipts shall j(H' all purposes be deemed to <br />be a covenant and agreement containcd in this Security Instrurnent, as the phrasc "covcnant and agreement" <br />is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver. and <br />Borrower fails to pay thc amount duc f()r an ESLTOW Itelll, Lender may exercise its rights ulllkr Sl.:ction 9 <br />and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />alllount. Lender may revokc the waivcr as to any or all Escrow Hems at any tilne by a notice given in <br />accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in <br />such amounts, that are then required under this Section 3. <br />Lender may, at any tinle, collect and hold [iunds in an alnount (a) sufficient to pennit Lender to apply <br />the [iunds at the time specified under RESI'A, and (b) not to exceed the maximum amount a lender can <br />ITquirl.: under RESPA. Lender shall estirnate the amount of Funds dul.: on the basis of current data and <br />reasonable estilnates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law. <br />The Funds shall bc held in an institution whose deposits are insured by a federal agcncy, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender shall apply the Funds 10 pay the Escrow ItelT1S no later than the time <br />specified under RES!' A. l,ender shall not chargc Borrower fl.)r holding and applying the Funds, annually <br />analY7ing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on thc <br />[iunds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing <br />or Applicable Law requires intercst to be paid on the Funds, Lender shall not be required to pay Borrower <br />any intclTst or earnings on the Funds. Borrower and Lender Call agree in writing, however, that interest <br />shall be paid on thc Funds. Lender shall givc to Borrower, without charge, an annual accounting of the <br />[iunds as required by RESPA. <br />If there is a surplus of [iunds held in escrow, as defined under RESPA, Lcnder shall account to <br />Borrower f()r the excess lllllds in accordallCe witll RESPA. If there is a shortagc of Funds held in escrow, <br />as det1ned undcr R ESP A, Lender shall notify Borrower as rcquired by RESP A, and Borrower shall pay to <br />Lender the amount necessary to luake up the shortage in accordance with RESP A. but in no more than 12 <br />monthly paynlents. If there is a def1ciency of Funds hcld in CSlTo\'.,', as defined under RESPA, Lendcr shall <br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the alllount necessary to make <br />up the detieiency in accordance with RESPA, but in no lnore than 12 monthly paymcnts. <br />Upon paYlnent in full of all StilUS securcd by this Security InstnnTlenL Lendcr shall promptly refund <br />to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, chargcs, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents 011 the Property, if any, and Community Association Dues, Fees, and Assesslllellts, if any. To <br />the extent that these items are Escrow Items, Borrowcr shall pay thCITl in the manner providcd in Section 3. <br /> <br />.-6(NE) (lWl7).01 <br />@ <br /> <br />Irlill"IS:~' <br /> <br />0110247846 <br /> <br />P"Je 5 of 1 5 <br /> <br />FORTI 3028 1/01 <br />